26In that regard, it should be clarified, in the first place, that the concept of ‘technical specification’ presupposes that the national measure necessarily refers to the product or its packaging as such and therefore lays down one of the characteristics required of a product. In contrast, where a national measure lays down conditions governing the establishment of undertakings, such as provisions making the exercise of a business activity subject to prior authorisation, those conditions do not constitute technical specifications (judgment of 13 October 2016, M. and S., C‑303/15, EU:C:2016:771, paragraph 19 and the case-law cited).
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